When establishing measurements to meet the required front yards and
structure setbacks, the measurements shall be taken from the road
line, lot line, or nearest high water elevation to the furthermost
protruding part of the structure. This shall include such projecting
facilities as cornices, eaves, porches, carports, attached garages,
etc.

No such zoning permit or certificate of compliance shall be issued for any building or structure where said construction, addition, and exterior expansion or use thereof would be in violation of any of the provisions of this chapter, and further, no zoning permit shall be issued for construction or development upon a lot created under an approved subdivision until said approved subdivision plat has been duly filed with the office of the Jefferson County Clerk as required by § 135-9A.

Any administrative use having ceased for a period of 12 months or
longer shall be termed abandoned and may not be reinstituted without
applying for and being granted a zoning permit, at which time such
use shall be required to conform to this chapter.

No use which has been previously approved under a site plan for operation
and having been deemed discontinued as defined herein shall recommence
operation under the previous site plan until an administrative review
of the existing site plan is conducted pursuant to the codes in effect
at the time and the Zoning Enforcement Officer deems that revision
or an amended site plan is not necessary.

A site plan approved pursuant with the provisions of this article
shall run with the land and apply to the type of business or activity
for which originally applied. A subsequent change of use to another
type of use requiring site plan approval or a special use permit will
require approval of a new site plan and the issuance of a new zoning
permit.

No land shall be occupied or used and no building or structure hereafter constructed, erected, extended, used, or changes made in the use until a certificate of compliance shall have been issued by the Zoning Enforcement Officer stating that the building, structure, or proposed use thereof complies with the provisions of this chapter. Additionally, a draft stormwater prevention plan (SWPPP), as defined by and consistent with the standards of the Town of LeRay Stormwater Management and Erosion and Sediment Control Law (Chapter 133), is provided where required.

All certificates of compliance shall be applied for coincidentally
with the application for a building permit. Said certificate shall
be issued within 10 days after the erection and alteration shall have
been approved as complying with the provisions of this chapter.

The Board of Appeals may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, interpretation or
determination appealed from and shall make such order, requirement,
decision, interpretation or determination as in its opinion ought
to have been made in the matter by the administrative official charged
with the enforcement of such ordinance or local law and to that end
shall have all the powers of the administrative official from whose
order, requirement, decision, interpretations or determinations the
appeal is taken.

In order to prove unnecessary hardship, the applicant shall
demonstrate to the Board of Appeals that for each and every permitted
use under the zoning regulations for the particular districts where
the property is located:

The Board of Appeals, in the granting of use variances, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proven by the applicant and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.

In making its determination, the Zoning Board of Appeals shall
take into consideration the benefit to the application if the variance
is granted, as weighted against the detriment to the health, safety
and welfare of the neighborhood or community by such grant.

The Board of Appeals, in the granting of area variances, shall
grant the minimum variance that it shall deem necessary and adequate
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.

The Board of Appeals shall, in the granting of both use variances
and area variances, have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed use of the property or the period of time such variance shall
be in effect.

Such conditions shall be consistent with the spirit and intent
of the Zoning Chapter and shall be imposed for the purpose of minimizing
any adverse impact such variance may have on the neighborhood or community.

Meetings; minutes; records. Meetings of such Board of Appeals
shall be open to the public to the extent provided in Article 7 of
the Public Officers Law. Such Board of Appeals shall keep minutes
of its proceedings, showing the vote of each member upon every question
or, if absent or failing to vote, indicating such fact, and shall
also keep records of its examinations and other official actions.

Filing requirements. Every rule, regulation, every amendment
or repeal thereof, and every order, requirement, decision or determination
of the Board of Appeals shall be filed in the office of the Town Clerk
within five business days and shall be a public record.

Assistance to Board of Appeals. Such Board shall have the authority
to call upon any department, agency or employee of the Town for such
assistance as shall be deemed necessary and as shall by authorized
by the Town Board. Such department, agency or employee may be reimbursed
by any expenses incurred as a result of such assistance.

Unless otherwise provided by local law or ordinance, the jurisdiction
of the Board of Appeals shall be appellate only and shall be limited
to hearing and deciding appeals from and reviewing any order, requirement,
decision, interpretation, or determination made by an administrative
official charged with the enforcement of the local law adopted pursuant
to this article.

The concurring vote of a majority of the members of the Board
of Appeals shall be necessary to reverse any order, requirement, decision
of determination of any such administrative official or to grant a
use variance or area variance.

Such appeal shall be taken within 60 days after the filing of
any order, requirement, decision, interpretation or determination
of the administrative officer charged with the enforcement of such
local law by filing with such administrative official and with the
Board of Appeals a notice of appeal, specifying the grounds thereof
and the relief sought.

A stay shall not go into effect if the administrative official
charged with the enforcement of such local law, from whom the appeal
is taken, certifies to the Board of Appeals, after the notice of appeal
shall have been filed with the administrative official, that by reason
of facts stated in the certificate a stay would, in his or her opinion,
cause imminent peril to life or property.

In such instance, proceedings shall not be stayed otherwise
than by a restraining order which may be granted by the Board of Appeals
or by a court of record on application, on notice to the administrative
official from whom the appeal is taken and on due cause shown.

The Board of Appeals shall fix a reasonable time for the hearing
of the appeal or other matter referred to and shall give public notice
thereof within a publication of general circulation in the Town at
least five days prior to the date thereof.

Filing of decision and notice. The decision of the Board of
Appeals on the appeal shall be filed in the office of the Town Clerk
within five business days after the day such decision is rendered,
and a copy thereof shall be mailed to the applicant.

At least five days before such hearing, the Board of Appeals
shall mail notices thereof to the parties having jurisdiction over
any state land within 500 feet of the property affected by such appeal;
and to Jefferson County as required by § 239-m of the General
Municipal Law.

The Board of Appeals shall comply with the provisions of the
State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations as codified in Title
6, Part 617, of the New York Codes, Rules and Regulations.

Upon such rehearing, the Board may reverse, modify or annul
its original order, decision or determination upon the unanimous vote
of all members then present, provided the Board finds that the rights
vested in persons acting in good faith in reliance upon the reheard
order, decision or determination will not be prejudiced thereby.

The Planning Board may provide advisory opinions in the form
of a positive recommendation or a negative recommendation and shall
provide to the Zoning Board of Appeals or Town Board a reasonable
explanation contained within the resolution in support of the Planning
Board's opinion.

If the violation is not corrected within the specified time,
the Zoning Enforcement Officer shall issue the property owner of record
an appearance ticket to appear before the Town Court to account for
said violation.

Pursuant to Municipal Home Rule Law § 10 and Town Law § 268,
any person, firm or corporation who commits an offense against, disobeys,
neglects or refuses to comply with or resists the enforcement of any
provision of this chapter shall, upon conviction, be deemed guilty
of a violation. Each day an offense is continued shall be deemed a
separate violation of this chapter.

A violation of this chapter is punishable by a fine not to exceed
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a separate fine of not less than $350 nor more than $700 or imprisonment
for a separate period not to exceed six months, or both; and upon
conviction for a third or subsequent offense, all of which were committed
within a period of five years, punishable by a separate fine of not
less than $700 nor more than $1,000 or imprisonment for a separate
period of not to exceed six months, or both.

In addition to the penalties provided above, the Town Board may also
maintain an action or proceeding in the name of the Town in a court
of competent jurisdiction to compel compliance with or restrain by
injunction the violation of this chapter. The violator will be held
responsible for all legal fees, consulting fees and any other costs
incurred by the Town in enforcing this chapter.

The Town Board may amend, supplement, or repeal regulations and provisions
of this chapter after public notice and public hearing. All proposed
changes shall be referred to the Jefferson County Planning Board for
its recommendation and for a report thereon prior to final action.
The Town Board, by resolution adopted at a stated meeting, shall fix
the time and place of a public hearing on the proposed amendment and
cause notice to be given as follows:

In case of a protest against such change, signed by the owners of
20% or more of the area of land included in such proposed change,
or of an adverse recommendation by the County Planning Board, the
vote of the Town Board must have a seventy-five-percent majority in
favor to adopt the amendments.

Interpretation and application of the provisions of this chapter
shall be held to be minimal requirements, adopted for the promotion
of the public health, safety or the general welfare. Whenever the
requirements of this chapter differ from the requirements of any other
lawfully adopted rules, regulations or ordinances, the more restrictive,
or that imposing the higher standards, shall govern.

Should any section or provisions of this chapter be decided by the
courts to be unconstitutional or invalid, such decision shall not
affect the validity of the law as a whole or any part thereof other
than the part so decided to be unconstitutional or invalid.